Opinion
NO. 2015 CW 0163
07-27-2015
MARY EARTHLY ON BEHALF OF DOROTHY JONES v. CPLACE UNIVERSITY SNF, LLC D/B/A AFFINITY NURSING AND REHAB CENTER AND ABC INSURANCE COMPANY
In Re: CPlace University, SNF, LLC d/b/a Affinity Nursing and Rehab Center, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 629,257. BEFORE: THERIOT, HOLDRIDGE AND CHUTZ, JJ.
WRIT GRANTED. The trial court's December 23, 2014 judgment is reversed, insofar as it overruled the defendant's dilatory exception raising the objection of prematurity as to the negligence claims asserted by the plaintiff. Judgment is hereby granted sustaining the exception of prematurity and dismissing the plaintiff's negligence claims against the defendant, CPlace University SNF, LLC d/b/a Affinity Nursing and Rehab Center, without prejudice. A medical malpractice claim against a private qualified health care provider is subject to dismissal on a timely-filed exception of prematurity if such claim has not first been reviewed by a pre-suit medical review panel. Blevins v. Hamilton Med. Ctr., Inc., 2007-127 (La. 6/29/07), 959 So.2d 440, 444. The plaintiff's allegations of negligence, if proven, would constitute a claim of medical malpractice requiring a medical review panel. See La. R.S. 40:1299.41 (A) (13) & (15); McKnight v. D & W Health Services, Inc., 2002-2552 (La. App. 1st Cir. 11/7/03), 873 So.2d 18; Hamilton v. Baton Rouge Health Care, 2009-0849 (La. App. 1st Cir. 12/8/10) 52 So.3d 330.
MRT
GH
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT